Posting Risque Pictures of Somebody Online

[noodle]

My question involves defamation in the state of: Florida

I hope this is in the right section, if not please advise, thanks.

Someone is in the process of screwing me out of a lot of money. I could take her to small claims court but that is a pain as you may know (and it doesn't guarantee payment). I have quite a few pictures of her in lingerie that I'm sure she wouldn't want anyone to see. These pictures were given to me when her computer was broken - with her permission I copied all the contents of her hard drive to my external hard drive. I still have them. Also, when her computer was broken she used mine to login to all her favorite sites.

Long story short, I now have these pictures, along with her passwords for facebook, myspace, and her email account.

Instead of taking her to court to get the money, I was going to remind her about the pictures I have and say if she doesn't pay me I will post them for all her friends and family to see.

Of course, if she doesn't pay... I plan on going on her facebook, sending everyone the pictures, changing her default picture, and then changing her password so she can't do anything about it. I think the embarrassment this causes her will be well worth not getting the money. (of course, I can always still take her to court )


Now the question is: Is any of this illegal? I know it's very close to blackmail - however she does legally owe me the money. (if you need to know, she signed a lease for our apartment and has left early without paying the last month)

Thanks! Hope you enjoyed reading this

[Happy Trails]

No, it is not close to blackmail - it is blackmail.

[FlyinHawk®]

embezzlement
Crime of fraudulently appropriating property entrusted to one's care and converting it to one's own use. It occurs when a person gains possession of goods lawfully and then misappropriates them. It thus stands in contrast to larceny, the taking of goods from another without the latter's consent.

[PJ Weber]

Yes it is blackmail, extortion or what ever you wish to call it and it WILL get you into more trouble than you can imagine

Posting the pictures WILL lead to nothing but trouble

Take her to Small Claims Court, that is your only legal option

[noodle]

Ok ok, so lets say I just post the pictures with no 'blackmail' ... is that illegal?
Even if I post them on my personal site and not login to hers?

[expertlaw]

How about extortion:

Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

[cyjeff]

Ok ok, so lets say I just post the pictures with no 'blackmail' ... is that illegal?
Even if I post them on my personal site and not login to hers?

Along with the rest, how would you like to be labeled a sex offender as a person illegally producing pornography?

Imagine the rest of your life in a series of paper hats always asking the next car if they would like french fried potatoes......

[cyjeff]

Oh, and if she is under 18, add CHILD pornography to that.

[chuckycheese]

From the original post, I strongly suspect that the photo subject isn't a minor and that the photos are not pornographic. She may very well call your bluff.

[noodle]

No the pictures are not pornographic. Does that make a difference?

Also to update you all... I was right. I just got back from a weeks vacation she is gone and she took everything but the couch. We still have a month and a half left in our lease.